Bill Text (PDF) | Section by section (PDF)
Washington (November 21, 2024) - Senator Edward J. Markey (D-Mass.), member of the Senate Committee on Commerce, Science, and Transportation, today announced that 54 new civil rights, labor, LGBTQ+ rights, consumer protection, housing, immigration, and disability organizations have endorsed his Artificial Intelligence (AI) Civil Rights Act. The legislation – the most comprehensive AI civil rights legislation introduced in Congress – would put strict guardrails on companies’ use of algorithms for consequential decisions, ensure algorithms are tested before and after deployment, help eliminate and prevent bias, and renew Americans’ faith in the accuracy and fairness of complex algorithms. Eighty AI experts and civil society organizations now support this legislation, which comes at a critical juncture for the growth of AI across the country. Senator Mazie Hirono (D-Hawaii) is a cosponsor of the legislation.
“Artificial intelligence poses great promise for transforming the way we work, live, and interact with the world, but our excessive focus on AI’s benefits is masking the serious consequences that these complex algorithms have for marginalized communities,” said Senator Markey. “My AI Civil Rights Act would ensure that the AI Age does not replicate and supercharge the bias and discrimination already prevalent in society today. Make no mistake: we can have an AI revolution, while also protecting the civil rights and liberties of everyday Americans. This movement is strong and growing, and we will not rest until we safeguard people’s rights while promoting competition and supporting innovation.”
“While AI can improve decision-making across various sectors, systemic biases in AI algorithms disproportionately impact marginalized communities,” said Senator Hirono. “This legislation would help to protect Americans against biased algorithms and mitigate discrimination perpetuated through AI, helping to secure the civil rights and liberties of all Americans.”
New endorsements of the AI Civil Rights Act include the AFL-CIO, Communications Workers of America, National Education Association, American Federation of Teachers, American Federation of Government Employees, United Steelworkers, National Nurses United, International Brotherhood of Teamsters, National Action Network, Whitman-Walker Institute, ACLU MA, Japanese American Citizens League, Muslim Advocates, National Center for Lesbian Rights (NCLR), New America’s Open Technology Institute, Consumer Reports, Demand Progress, The Policing Project, Center for AI and Digital Policy, Center for Digital Democracy, Fairplay, Common Sense Media, Youth Power Project, Center on Race and Digital Justice, IEEE-USA, Sojourners, Equal Rights Advocates, A Better Balance, Economic Policy Institute, Justice in Aging, United Church of Christ Media Justice Ministry, National Housing Law Project, National Low Income Housing Coalition, A Way Home America, the National Alliance to End Homelessness, Human Rights First, Immigrant Defenders Law Center, Deaf Equality, Disability Policy Consortium, Autistic Self-Advocacy Network, Hearing Loss Association of America, TDIforAccess, Autistic Women & Nonbinary Network, Paralyzed Veterans of America, National Association of Consumer Advocates, Open MIC, Interfaith Center on Corporate Responsibility, The Value Alliance, InnovateEDU, Dominican Sisters of Sparkill, Oxfam America, Seventh Generation Interfaith Coalition for Responsible Investment, Investor Alliance for Human Rights, and the Massachusetts Law Reform Institute (MLRI).
“The Artificial Intelligence Civil Rights Act makes significant strides towards ensuring that algorithmic decision-making systems comply with the law and don’t discriminate against working people. We commend Senator Markey for standing up for working people’s civil rights and liberties and urge Congress to pass this vital bill without delay. These protections are essential for ensuring that AI systems are safe and trustworthy and that technology innovation empowers working people without harming them,” said Liz Shuler, President of AFL-CIO.
“CWA members across industries, including telecommunications, media, public service, tech, and others, have seen that new AI technologies introduced in their workplaces can have negative impacts on jobs, customers and communities. Automated technologies empowered to make decisions over crucial aspects of our lives need to have transparency and safe-guards to protect against discrimination and other harmful outcomes. The AI Civil Rights Act takes crucial and common sense steps to ensure that businesses undertake responsible review and oversight of these systems,” said Dan Mauer, Government Affairs Director at Communications Workers of America.
“AI can be a powerful tool to enhance workplace innovation, expand educational opportunities and better equip our communities to tackle the challenges we face. But AI cannot replace subjective human thought and thus has the potential to perpetuate and exacerbate systemic biases with devastating effects. The AI Civil Rights Act is essential to ensure that strong guardrails are in place so that the technology is used to uplift, not oppress. By implementing these transparency and accountability measures, we can harness the potential of AI while protecting the rights and dignity of all Americans,” said Randi Weingarten, President of AFT.
"The AI Civil Rights Act is a critical step toward ensuring greater fairness and equity in the use of artificial intelligence, particularly in healthcare. Biased algorithms can exacerbate barriers to care for underserved communities and worsen disparities in care quality and outcomes. This legislation provides essential safeguards to prevent discrimination and improve decision-making to support high-quality care for all. By holding developers accountable, we can build systems that foster inclusivity and trust, ensuring no one is left behind in the digital age,” said Kellan Baker, Executive Director at the Whitman-Walker Institute.
“Today, banks, insurance companies, and other powerful industries use secret algorithms to make life-changing decisions impacting millions of people. Absent legal guardrails like those proposed by the AI Civil Rights Act, these technologies can unfairly deny people housing and jobs, hike insurance rates, and even make discriminatory predictions about a person’s health. We are proud to partner with Senator Markey as he fights to ensure our civil rights keep pace with advancing technology; state and local leaders ought to follow suit to protect people against supercharged discrimination,” said Kade Crockford, Technology for Liberty program director at ACLU of Massachusetts.
“Senator Markey's AI Civil Rights Act will not only protect the American people from potential harm, but more importantly ensure that everyone can reap the benefits of artificial intelligence as it becomes such a prominent part of all of our lives. As this field advances at a rate that many of us, or at least I cannot even begin to understand all the potential implications, we need some fundamental guardrails and guidelines to provide a path to the future,” said David Inoue, Executive Director of the Japanese American Citizens League.
"Senator Markey’s AI Civil Rights Act is a critical step to retaking control over the massive amounts of our personal data that companies collect and sell at the expense of our freedom, safety and dignity. With AI shaping everything from our online interactions to critical decisions about our lives, we need safeguards to ensure that our personal data isn’t used against us. Privacy is not a luxury—it’s a fundamental right, and it’s time we reclaim it. We must regulate AI to protect civil rights—if you don’t believe me, ask ChatGPT,” said Sumayyah Waheed, Senior Policy Counsel at Muslim Advocates.
"AI now helps make some of the highest-stakes decisions in consumers’ lives — from whether you land an apartment or get your dream job, to the price of your insurance. Consumers shouldn’t be subject to unaccountable or biased AI decision systems, and the AI Civil Rights Act will offer critical protections," said Grace Gedye, Policy Analyst at Consumer Reports.
"The AI Civil Rights Act will create much needed safeguards to help ensure that AI tools are properly evaluated and respect civil rights, civil liberties, and racial justice. These guardrails are especially important for AI products used in high-stakes domains like policing, where the risks are often high and the harms for communities can be grave,” said Jesse Woo, AI/Tech Policy Counsel at the Policing Project.
“Innovation and civil rights can and should advance together. We deserve technologies which center our rights, well-being, and public interest. The AI Civil Rights Act advances guardrails for AI. The Act mandates a responsible and rigorous approach to development and deployment, which can ensure trustworthy AI systems,” said Merve Hickok, President, Center for AI and Digital Policy.
“The unfettered use of AI must be stopped. One of the most pressing dangers of unregulated AI is its use by unaccountable corporations to classify, evaluate, and sort data about individuals and groups. This practice can lead to discriminatory outcomes that undermine fairness and equity. The proposed AI Civil Rights Act aims to combat such algorithmic discrimination. If enacted, it will prohibit the use of AI to unfairly deny individuals critical opportunities in areas such as employment, banking, housing, education, government benefits, access to commercial services, and healthcare. Championed by Senator Markey, the AI Civil Rights Act seeks to ensure that AI-driven decision-making is fair, transparent, and free from bias,” said Katharina Kopp, Deputy Director of the Center for Digital Democracy.
"Common Sense Media applauds Senator Markey's AI Civil Rights Act as a critical step toward protecting individuals’ fundamental rights in our ever changing digital world. As AI becomes a powerful force shaping decisions in education, healthcare, employment, and other areas that impact the day to day lives of kids, families and all consumers, this legislation will help ensure that AI tools are developed and deployed in ways that promote equity and accountability. By establishing essential guardrails, this bill will protect the most vulnerable groups from bias and discrimination while supporting equal access to opportunities. We appreciate the Senator's leadership to build greater trust in this transformative technology by ensuring that innovation benefits everyone,” said Amina Fazlullah, Head of Tech Policy Advocacy at Common Sense Media.
“As Americans increasingly engage with automated decision-making systems (ADS), those systems must not only be reliable and trustworthy, but also demonstrably fair and equitable. IEEE-USA supports the Artificial Intelligence (AI) Civil Rights Act because it will ensure that AI developers and deployers operate under transparent and well-established rules requiring responsible and ethical use of AD,” said Keith Moore, President of IEEE-USA.
“Harmful AI generated reports can cause hardships driven by racial disparities for prospective tenants trying to obtain affordable housing. The Alliance commends Senator Markey’s leadership for working to keep AI screening fair and equitable so all Americans can be assessed fairly on their rental history,” said the National Alliance to End Homelessness.
"A Way Home America (AWHA) supporting the AI Civil Rights Act is crucial as it implements safeguards against the biases that currently exist in youth-serving systems, particularly affecting BIPOC and LGBTQ+ youth who already face significant discrimination. By ensuring that these biases do not permeate AI, we take an important step toward our mission of ending and preventing youth homelessness, fostering a more equitable and transformative future for all,” said Marcella Middleton, CEO with Lived Expertise at A Way Home American (AWHA).
“We commend Senator Markey for his efforts to eliminate bias within AI algorithms through the introduction of the Artificial Intelligence (AI) Civil Rights Act. Without this bill, decades of progress toward social justice would be replaced by inherently biased systems. As technology advances, we must safeguard human-driven evaluation and protect due process for historically marginalized communities, including immigrants. Unregulated use of AI algorithms has life-altering consequences for Black, Brown, Indigenous, LGBTQ+, and disabled communities. It must not become the norm,” said Margaret Cargioli, Directing Attorney of Policy and Advocacy at Immigrant Defenders Law Center.
"Deaf Equality applauds this landmark AI legislation as a critical step toward protecting Deaf, Hard of Hearing, DeafDisabled, DeafBlind, and Late-Deafened communities and other marginalized communities from harmful biases in automated systems. For our community, algorithmic bias isn’t just a glitch—it’s a barrier to jobs, services, and equity. This bill brings much-needed accountability and safeguards to ensure AI respects everyone’s rights and dignity,” said Zainab Alkebsi, Chief Policy Officer at Deaf Equality.
“As AI technology becomes increasingly integrated into decision-making processes that affect all aspects of our lives, it is imperative that safeguards are in place to prevent discrimination and ensure equitable outcomes. Senator Markey’s AI Civil Rights Act is a groundbreaking step forward in protecting people with disabilities and other marginalized communities from algorithmic bias. TDI proudly supports this critical legislation,” said AnnMarie Killian, CEO of TDIforAccess (TDI).
The AI Civil Rights Act is also endorsed by the Lawyers’ Committee for Civil Rights Under Law, The Leadership Conference on Civil and Human Rights, Free Press Action, UnidosUS, NAACP, American Civil Liberties Union (ACLU), Electronic Privacy Information Center (EPIC), Public Citizen, Access Now, Asian Americans Advancing Justice – AAJ, Brennan Center for Justice, Fight for the Future, National Disability Rights Network (NDRN), Common Cause, Advocates for Trans Equality, The Trevor Project, National Council of Negro Women, Encode Justice, NETWORK Lobby for Catholic Social Justice, Accountable Tech, the National Hispanic Media Coalition (NHMC), Color of Change, Writers Guild of America, East (WGAE), Alondra Nelson (Distinguished Senior Fellow, Center for American Progress and former Acting Director, White House Office of Science and Technology Policy), Suresh Venkatasubramanian (former White House AI Advisor and co-author of the Blueprint for an AI Bill of Rights), and Debroah Raji (researcher, UC Berkley).
A copy of the legislation can be found HERE.
The section-by-section can be found HERE.
While artificial intelligence has already begun to revolutionize certain industries, the federal government must be committed to combating potential side effects of this emerging technology. Senator Markey has called on the federal government to hold Big Tech accountable, investigate AI, and stop algorithmic injustice. Senator Markey introduced his Artificial Intelligence (AI) Civil Rights Act in September. On September 17, 2024, Senator Markey and Senate Majority Leader Chuck Schumer (D-N.Y.) sent a letter to Shalanda Young, the Director of the Office of Management and Budget, demanding that all federal agencies that use AI for consequential decisions establish or maintain a civil rights office to establish additional safeguards to prevent algorithmic discrimination.
In December 2023, Senator Markey introduced the Eliminating Bias in Algorithmic Systems (BIAS) Act to ensure that every federal agency that uses, funds, or oversees artificial intelligence (AI) has an office of civil rights focused on combatting AI bias and discrimination. In October 2023, he and Congresswoman Pramila Jayapal (WA-07) applauded the Biden administration for heeding their call to incorporate the White House Blueprint for an AI Bill of Rights into its AI Executive Order. In July 2023, Senator Markey and Congresswoman Doris Matsui (CA-07) reintroduced their Algorithmic Justice and Online Platform Transparency Act to ban discriminatory algorithms and improve transparency on social media platforms.
###